Conley, Twombly, and Iqbal
Conley, Twombly, and Iqbal are different standards of proof to successfully initiate patent litigation. This varies between the states. Consider this when incorporating … Read more
Litigation
Patent demand letters
Patent demand letters are stressful. Before responding or ignoring, evaluate infringement, patent prosecution history, ownership, and litigation history.
Patent claim charts
Think that someone is infringing on your patent? Worried you are infringing, or want to show a patent reads on prior art? … Read more
Halo and reckless infringement
The Halo decision; and how to avoid court-ordered punitive damages for culpable patent infringement (reckless infringement) One problem that both startups and … Read more
Sovereign Immunity, Tribes, & IPR
Allergan proposed a strange way to help immunize US patents from IPR attack – the “sovereign immunity defense”. IPR attacks: The America Invents … Read more
Litigation by “unfair surprise”
By American standards, European patent oppositions lack legal protections. By contrast, US PTAB patent trials don’t allow last minute “Chewbacca defenses”.